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23 Jun 2020

I am in the U.S. in H1B status, but my wife and child have been stuck in India since March. Can they return to the U.S. in H-4 status?

Answer If your wife and child each have valid H-4 visa "stamps" in their passports, the executive order should not impact them. Unfortunately, if they do not have valid visas already, it appears they would be prevented from applying for and obtaining the H4 visa stamp....

12:24 / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
17 Jun 2020

My mother is visiting me in the U.S., but her tourist visa expires next month. I want to apply for a 6-month extension for her. Can the USCIS grant an extension beyond the visa expiration date?

Answer The visa "stamp" in the passport is only an entry document - it is presented to customs at the airport to seek admission to the U.S. The end date on the stamp has nothing to do with one's authorization to remain in the USA. That...

08:08 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel
17 Jun 2020

I am a U.S. citizen, and my parents are currently visiting from India. They had planned on going home in May, but that has not been possible. Can I sponsor them for a green card now? Does President Trump’s executive order prohibit that?

Answer U.S. citizens normally can apply for their parents' "green cards" if they are physically present in the U.S. and have been legally admitted. This is done by filing an application for adjustment of status. The rules from the Trump administration, thus far, have had no...

08:04 / Citizen / Consulates / Employment Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
17 Jun 2020

I have a conditional green card and would like to apply for U.S. citizenship. Do I need to wait for my I-751 petition to remove conditions case to be approved before I can apply for citizenship?

Answer This situation actually occurs frequently. One can file the N-400 application for naturalization (i.e., citizenship) while the I-751 is still pending. However, the N-400 cannot be approved until the I-751 has been approved. Occasionally, USCIS officers will have both files, and conduct interviews for both...

08:01 / Citizen / Family Based / FAQs / For Individuals / Resident
09 Jun 2020

Is it true that President Trump is about to issue an executive order to stop all H1B filings?

Answer We have heard several rumors recently that the President will issue a proclamation as early as June 15th (or June 11th, according to other online sources) that would temporarily prevent foreign nationals from entering the U.S. in H1B, L-1, H2B, or J-1 status. According to...

16:47 / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Student / Travel / Worker
09 Jun 2020

I am in India and have an approved H1B petition with a new employer. I was scheduled to get my H1B visa “stamp” in March, but the consulates were closed. Can the employer start a PERM case for me now? Or, do I have to wait until I come to the U.S.?

Answer Ordinarily, a U.S. company can initiate the PERM process at any time, even if the beneficiary has not yet joined the company and/or is not in the United States. (09.Jun.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

16:38 / Consulates / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
09 Jun 2020

I am a green card holder, but have been staying in India since December 2019 to take care of my parents. I planned on coming back to the U.S. within six months, but the pandemic has forced me to stay in India longer. What should I do? Are there any special allowances being made because of COVID-19?

Answer There are many green card holders who have found themselves stuck outside the U.S. for a prolonged period of time. There are no special rules that have been created because of the pandemic, but the mere fact that you have been outside the country for...

16:34 / FAQs / For Individuals / Resident / Travel
03 Jun 2020

My H1B petition is pending with the USCIS. Today, the online system was updated to say “Name Was Updated.” My employer says they did not submit any type of name change request. What should I do?

Answer The USCIS has been using this strange "Name Was Updated" status alert for a number of years, and it has long created confusion. It is not entirely clear what this actually means, but it appears to at least sometimes be used by the USCIS as...

07:52 / FAQs / For Employers / For Individuals / USCIS News / Worker